Kazaa applies for Anton Piller order to be set aside

An Australian recording industry body and Sharman Networks are in a legal wrangle, which centres around alleged copyright infringement relating to the use of the file-sharing application Kazaa.

An Australian recording industry body and Sharman Networks are in a legal wrangle, which centres around alleged copyright infringement relating to the use of the file-sharing application Kazaa.

Last Friday, the Federal Court granted an Anton Piller order. Michael Speck -- general manager of the Music Industry Piracy Investigations, an anti-piracy body for the Australian recording industry -- said the order allowed the body to attend premises to obtain documentary and electronic evidence. 'It's court sanctioned and court monitored, so an independent lawyer attends,' he said.

However, Sharman Networks, which owns and distributes Kazaa, has applied for the Anton Piller order that the Federal Court issued last week to be set aside, arguing that there were material facts that the music industry plaintiffs didn't disclose to the court when applying for the order.

The Anton Piller order was served last Friday at Sharman Networks' Sydney offices and at the homes of two of its executives, according to a statement issued by the company.

The matter has been listed for an urgent hearing on 20 February, according to the statement.

'Sharman has already cooperated fully in current US proceedings by producing documents and giving statements,' it stated.

Among the reasons why it is seeking to have the order to be set aside, Sharman Networks alleges that in its application for the order the Australian music industry omitted disclosing to the court that the music industry had been unsuccessful in comparable proceedings in the Netherlands and US, concerning allegations of copyright infringement against other providers of P2P technology.

A spokesperson from Sharman Networks was unavailable for further comment at time of going to press.

Michael Speck, general manager of Music Industry Piracy Investigations -- the anti-piracy body for the Australian recording industry -- told CRN that it started investigations regarding Kazaa about six months ago.

Speck alleges it had started to see significant changes in the structure of Kazaa, which the anti-piracy body believed could be infringing copyright in Australia.

While Speck said it didn't currently have any other legal action against companies in the pipeline, he added that this wouldn't be the last case the anti-piracy body tackles. 'Our obligation to the industry is to identify piracy and investigate it,' Speck said.

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